ORDER:

The present Writ Petition is filed aggrieved by the action of the respondents 3 to 7 in insisting the petitioners to vacate from the subject matter property admeasuring an extent of 484 Sq.yds., in NTS No.627/A situated at G.S.N.Raju Road, Gandhi Nagar, Vijayawada, NTR District, without issuing any notice and without following known procedure established by Law and without initiating any proceedings under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and to declare the same as illegal, arbitrary and violative of principles of natural justice and offends Articles 14, 21 and 300-A of Constitution of India.

2. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Irrigation, who places a copy of th the instructions dated 15.06.2023 received from the 4 respondent for perusal of this Court.

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3. Claiming that the 1 petitioner’s father one Mr.Mukunda Rao is the absolute owner, possessor and enjoyer of the subject nd matter property, the present Writ Petition is filed. The 2 st petitioner is the son of the 1 petitioner and they claim that after the death of the said Mukunda Rao, the petitioners succeeded to the property in question.

4. The learned counsel for the petitioners advanced arguments with reference to the averments made in the Writ Petition and material filed along with the same. He submits that st the 1 petitioner’s father raised some constructions in the subject matter property and the same are assessed to tax by the Municipal Corporation and the respondent authorities are visiting the subject matter property repeatedly on the premise that the same is required for public purpose and insisting the petitioners to vacate the same and also threatening that they would be evicted forcibly. Stating that the said action of the respondents is arbitrary and contrary to Law, the learned counsel contends that any interference on the part of the respondents with the possession of the petitioners, without issuing any notice or following due process of Law is not sustainable and the petitioners, in such circumstances are constrained to approach this Court seeking appropriate directions.

5. On the contrary, learned Assistant Government Pleader for Irrigation submits that the petitioners have no valid title or right over the subject matter property and referring to the instructions dated 15.06.2023, he submits that the Writ Petition is devoid of merits and liable to be dismissed.

6. As seen from the said detailed instructions, the subject matter land is Government land notified as PWD land located on the Right Bank of Eluru canal wherein 3 RCC sheds were erected, out of which, two sheds are being used for commercial purpose i.e., godowns/work shop and mechanic shed and one RCC shed is being used for residential purpose by the petitioners and they have occupied the adjacent vacant lands with fencing and are causing inconvenience to the public and departmental activities.

7. In Para Nos.4 and 5 of the said instructions, it is stated as follows:

“4. As per G.O.Ms.No.101 Irrigation and CAD(PW-LA-I) Department Dt.03.06.2005 the Government has decided that the vacant land in the heart of the city to be utilized for connectivity of roads and parks and any of the irrigation land already given on long term lease to private individual, no further extension shall be given on expiry of such lease as the city is already congested.

5. It is submitted that at present the Eluru Canal as per The National Water Ways Act, 2016 No.17 of 2016 the Government of India has classified Kakinada-Puducherry Canal(Canal system consisting of Kakinada Canal, Eluru Canal, Commamuru Canal and North Buckingham Canal) as National Ways-4 with Class-III Navigation Standards i.e., as per the IWAI guidelines bed width of the canal should be 40 Mts., against the present bed width of 20 Mts. It is to bring to your kind notice that the petitioners land comes in a r